A fund of money was bequeathed on trust to be invested so as to generate an income payable to A ‘the principal to go to her children at her death’.
Held: The will created a joint tenancy. The court set out three ways in which a joint tenancy may be severed. Where joint tenants indicated by their conduct that they treated their interests separately, the fact that they did not understand that their interests had been joint did not prevent such behaviour acting to sever the tenancy.
Judges:
Sir William Page Wood VC
Citations:
[1861] 1 John and Hem 546, [1861] 30 LJ CH 878, [1861] 5 LT 203, [1861] 7 Jur NS 771, [1861] 70 ER 862, [1861] EWHC Ch J51
Links:
Jurisdiction:
England and Wales
Cited by:
Followed – Burgess v Rawnsley CA 15-Apr-1975
. .
Cited – Barton v Morris 1985
A couple lived together as man and wife and bought a property for use as a guest house business to be run as a partnership. The conveyance executed by both of them included an express declaration that they held the property upon trust for themselves . .
Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.
Equity, Wills and Probate
Updated: 05 July 2022; Ref: scu.238854